Non-contentious probate

Jemma Trust Company Ltd v Forrester and another ([2003] EWCA Civ 1476 24 October)

The costs judge was wrong (22/ LL p104) to hold that the time has come when charges by way of reference to the value of an estate should no longer be made by the profession. It is still open to solicitors to make such charges at the rates recommended by the Law Society for solicitors acting as sole executor or jointly with some other person, provided it is remembered that, at the conclusion of the business, the question is whether the overall remuneration is fair and reasonable, taking into account all the relevant factors set out in the Solicitors (Non-Contentious Business) Remuneration Order 1994.